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<br />IMSlIRANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: {,-rf'CI? <br />o'.p\,,/A-(i)(,\. Cab)e <br /> <br />A-2007-0n <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 2nd day of April, 2007 by and between <br />Edward K. Aghjayan (hereinafter "Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />electrical utilities and services. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />L SCOPE OF SERVICES <br /> <br />Consultant shall research the various energy efficiency programs offered by vendors and <br />public agencies in Southern California, determine which programs may be applicable to the City <br />and the benefits ofthe various options, provide strategic planning and consultation regarding <br />provision of electrical services. Additionally, Consultant shall evaluate community based energy <br />efficiency options and community aggregation options available to the City. <br /> <br />2, DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City any and all work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible <br />with City's computer system, as agreed between the Project Manager and Consultant. <br /> <br />In regard to any copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, Consultant agrees, for himself and his affected officers, <br />employees, agents, contractors, and volunteer workers, that ( a) other such material may not be <br />copyrighted without prior review from the City, and (b) the authors of all such material, whether <br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the <br />scope of their official duties, as a condition of payment to the Consultant, a royalty-free, <br />